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BANCROFT 

'    LIBRARY 
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REVISED 
ORDINANCES 


OF 


Town  of  Ophir, 


II 

UTAH 

1917 


REVISED,  COMPILED  AND  ARRANGED  BY  L.  L. 
BAKER,  PURSUANT  TO  A  RESOLUTION  OF  THE  BOARD 
OF  TRUSTEES  OF  THE  TOWN  OF  OPHIR,  AND  PUB- 
LISHED  BY  AUTHORITY  OF  A  RESOLUTION  OF  THE 
BOARD  OF  TRUSTEES  PASSED  OCTOBER,  1917. 


F 


X&  ORDINANCE 

REVISING  AND  COMPILING  THE  ORDINANCES 
OF  THE  TOWN  OF  OPHIR,  UTAH. 

Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of 
Ophir,  Utah: 

CHAPTER  ONE 

Section  1.  Known  as  Revised  Ordinances.  That  all 
ordinances  of  a  general  nature  now  in  force  in  the  Town  of 
Ophir,  Utah,  as  revised,  compiled  and  hereinafter  set  forth 
in  this  ordinance  containing  thirteen  chapters,  and  num- 
bered consecutively  in  sections  from  one  to  one  hundred  and 
forty  three,  inclusive,  be  and  are  hereby  adopted,  passed, 
published  and  declared  to  be  the  revised  ordinances  of  the 
Town  of  Ophir,  Utah,  and  shall  be  known,  designated  and 
referred  to  as  "The  Revised  Ordinances  of  Ophir,  Utah." 

Sec.  2.  Repeal  of  existing  ordinances.  The  ordinances 
contained  in  this  chapter  and  the  chapters  following,  in  so 
far  as  their  provisions  are  the  same  in  effect  as  those  of 
previously  existing  ordinances,  shall  be  construed  as  con- 
tinuations thereof;  but  subject  to  the  above  limitations  and 
the  provisions  of  the  next  section,  all  ordinances  and  reso- 
lutions of  the  Town  of  Ophir  heretofore  in  force  (except 
such  as  are  of  a  private,  local  or  temporary  nature,  including 
franchises,  grants,  dedications  and  special  levies  for  local 
assessments),  are  hereby  repealed. 

Sec.  3.  Effect  of  repealing  ordinance.  The  repeal  of 
the  ordinances  as  provided  in  section  two  shall  not  revive 
the  ordinances  previously  repealed  nor  affect  any  right 
which  has  accrued,  any  duty  imposed,  any  penalty  incurred, 
nor  any  action  or  proceeding  commenced  under  or  by  virtue 
of  the  ordinance  repealed  nor  the  tenure  of  office  of  any 
person  holding  office  at  the  time  when  they  take  effect  ;  nor 
shall  the  repeal  of  any  ordinance  hereby  have  the  effect 


BANCROFT 
LIBRARY  3 

of  reviving  any  ordinance  theretofore  repealed  or  super- 
seded. 

Sec.  4.  Rules  for  construction  of  ordinances  and  amend- 
ments. On  the  construction  of  the  Revised  Ordinances  and 
all  ordinances  amendatory  thereof  the  following  rules  shall 
be  observed  unless  such  construction  would  be  inconsisent 
with  the  manifest  intent  of  the  board  of  trustees  or  repug- 
nant to  the  context  of  the  ordinance. 

The  singular  number  includes  the  plural. 

Words  used  in  the  present  tense  include  the  future. 

Words  used  in  the  masculine  gender,  comprehend,  as 
well,  the  feminine  and  neuter. 

The  word  "person"  includes  bodies  politic  and  corpor- 
ate, partnerships,  associations  and  companies. 

The  word  "writing"  includes  printing,  writing  and 
typewriting. 

The  word  "street"  includes  alleys,  lanes,  courts,  boule- 
vards, public  ways,  public  squares,  public  places,  and  side- 
walks. 

The  word  "owner"  applied  to  a  building  or  land  shall 
include  any  part  owner,  joint  owner,  tenant  in  common,  joint 
tenant  or  lessee  of  the  whole  or  of  any  part  of  such  build- 
ing or  land. 

The  word  "tenant"  or  "occupant"  applied  to  a  building 
or  land  shall  include  any  person  who  occupies  the  whole  or 
any  part  of  such  building  or  land  either  alone  or  with  others. 

Words  prohibiting  anything  being  done,  except  in  ac- 
CDrdance  with  a  license  or  permit  or  authority  from  the 
board  of  trustees,  or  an  officer,  shall  be  construed  as  giv- 
ing the  board  of  trustees  or  such  officer  power  to  license  or 
authorize  such  thing  to  be  done. 

The  term  "wilfully,"  when  applied  to  the  intent  with 
which  an  act  is  done  or  omitted,  implies  simply  a  purpose 
or  willingness  to  commit  the  act  or  make  the  omission  refer- 


red  to;  it  does  not  require  any  intent  to  violate  law,  or  to 
injure  another,  or  to  acquire  any  advantage. 

The  terms,  "neglect,"  "negligence,"  "negligent"  and 
"negligently"  import  a  want  of  such  attention  to  the  nature 
or  probable  consequence  of  the  act  or  omission  as  a  prudent 
man  ordinarily  bestows  in  acting  in  his  own  concerns. 

The  term  "knowingly"  imports  only  a  knowledge  that 
the  facts  exist  which  bring  the  act  or  omission  within  the 
provision  of  the  ordinances;  it  does  not  require  any  know- 
ledge of  the  unlawfulness  of  such  act  or  omission. 

Sec.  5.  Penalty  for  violation  of  ordinances.  When  no 
other  penalty  is  prescribed  any  person  convicted  of  violating 
any  provision  or  provisions  of  any  ordinance  included  in  this 
revised  ordinance,  or  any  ordinance  hereafter  enacted,  shall 
be  punished  by  a  fine  of  not  more  than  fifty  dollars,  in  de- 
fault of  payment  of  which  such  person  shall  be  committed 
to  the  town  jail  for  the  period  of  not  more  than  thirty  days. 

Sec.  6.  Liability  of  employers  and  agents  to  penalty 
for  violation  of  ordinance.  When  the  provisions  of  an  or- 
dinance prohibit  the  commission  or  omission  of  an  act,  not 
only  the  persons  actually  doing  the  prohibited  thing,  or 
omitting  the  directed  act,  but  also  the  employer  and  all 
persons  concerned,  or  aiding  or  abetting  therein,  shall  be 
guilty  of  the  offense  described,  and  liable  to  the  penalty 
prescribed  for  the  offense. 

Sec.  7.  The  enacting  clause.  When  ordinances  effec- 
tive. Publication.  Amendment.  The  enacting  clause  of  all 
ordinances  hereafter  adopted  shall  be,  "Be  it  ordained  by 
the  board  of  trustees  of  the  Town  of  Ophir,  Utah."  All 
ordinances  shall  be  signed  by  the  president  and  counter- 
signed by  the  town  clerk  and  shall  be  deposited  in 
the  office  of  the  town  clerk ;  they  shall  be  published  at  least 
once  in  some  newspaper  within  the  town,  or  posted  in  three 
public  places  therein,  and  shall  go  into  effect  on  the  twen- 
tieth day  after  its  publication  or  posting,  unless'  it  is  pro- 
vided in  the  ordinance  that  it  shall  take  effect  at  an  earlier 
date;  provided,  that  whenever  a  revision  is  made  and  the 
revised  ordinances  are  published  by  the  authority  of  the 


board  of  trustees  of  such  town,  no  further  publication  shall 
be  deemed  necessary.  The  clerk  shall  record  all  ordinances 
and  resolutions  passed  by  the  town  board  in  a  book  kept  for 
that  purpose,  together  with  the  affidavits  of  publication  of 
the  publisher  or  his  agent,  or  if  posted,  with  the  certificates 
of  the  due  posting  thereof ;  and  said  book  or  a  certified  copy 
of  the  ordinances  and  resolutions  under  the  seal  of  the 
town,  shall  be  received  as  evidence  in  all  courts  and  places 
without  further  proof,  or  if  printed  in  a  book  or  pamphlet 
form  by  authority  of  the  board  of  town  trustees,  they 
shall  be  so  received;  provided,  that  the  board  of  town 
trustees  may  at  its  option,  order  that  a  certified  copy  of  any 
ordinance  be  posted  in  three  public  places  within  the  town, 
and  when  so  posted,  no  further  publication  shall  be  deemed 
necessary.  All  amendments  to  any  ordinance  shall  be  by 
re-enactment  of  the  entire  ordinance,  or  section,  and  not 
by  interlineation. 

CHAPTER  TWO. 

Sec.  8.  Seal.  The  seal  hereby  adopted  and  declared 
to  be  the  corporate  seal  for  the  Town  of  Ophir  is  described 
as  follows:  It  shall  be  one  and  three-fourths  inches  in  dia- 
meter, with  the  inscription,  "Town  of  Ophir,  Utah/'  around 
the  outer  edge,  with  the  words,  "Corporate  Seal"  in  the  cen- 
ter. 

CHAPTER  THREE. 

Sec.  9.  Boundaries.  The  boundaries  of  the  Town  of 
Ophir  are  hereby  declared  to  be  as  follows:  Beginning  at 
the  Southwest  corner  of  section  twenty-three,  in  township 
five  South,  of  range  four  West,  Salt  Lake  Meridian,  in  the 
County  of  Tooele,  State  of  Utah,  and  thence  North  14  de- 
grees 3  minutes  East  6,000  feet,  North  68  degrees  58  min- 
utes East  1580  feet,  South  70  degrees  43  minutes  East 
5370  feet,  South  54  degrees  20  minutes  East  3148  feet, 
South  10  degrees  35  minutes  West  1820  feet,  South  67  de- 
grees 16  minutes  West  8620  feet,  North  75  degrees  31  min- 
utes West  182.82  feet,  North  12  degrees  37  minutes  East 
578.16  feet,  North  44  degrees  24  minutes  East  205  feet  to 


the  Southwest  corner  of  section  25,  being  portions 
of  sections  fourteen,  twenty-three  and  twenty-four  in  said 
township  and  range. 

CHAPTER  FOUR. 
OFFICERS. 

Powers,  Duties,  Bonds  and  Compensation. 
Sec.  10.  Elective  officers.  An  election  shall  be  held 
in  the  Town  of  Ophir  on  the  Tuesday  next  after  the  first 
Monday  in  November,  1917,  and  biennially  thereafter,  for 
the  election  of  a  board  of  five  trustees,  including  a  president. 
Such  elections  shall  be  held  in  accordance  with  the  laws  of 
Utah. 

Sec.  11.  Appointive  officers.  The  appointive  officers 
of  the  the  town  are  clerk,  marshal,  treasurer,  attorney, 
justice  of  the  peace,  supervisor  of  streets,  health  officer, 
pound  keeper,  and  such  other  officers  as  the  board  of  trus- 
tees shall  consider  necessary  for  the  good  order  and  well  be- 
ing of  the  town. 

Sec.  12.  President.  It  shall  be  the  duty  of  the  pres- 
ident of  the  board  of  trustees  to  preside  at  all  meetings  at 
which  he  is  present;  to  sign  all  ordinances  passed  by  the 
board;  to  countersign  all  licenses  and  other  instruments  re- 
quiring his  signature,  and  perform  such  other  duties  as  are, 
or  may  hereafter  be  prescribed  by  law  or  ordinance.  He  shall 
have  the  casting  vote  upon  all  matters  when  there  is  an 
equal  division  of  the  other  members. 

Sec.  13.  President  pro  tern.  During  the  temporary 
absence  or  inability  of  the  president,  the  remaining  trustees 
may  appoint  one  of  their  number  as  president  pro  tern,  who, 
during  such  absence  or  inability  of  the  president,  shall  per- 
form the  duties  and  possess  the  powers  of  the  president. 

Sec.  14.  Trustees.  It  shall  be  the  duty  of  the  board 
of  trustees  to  attend  all  meetings  of  the  board,  act  upon 


such  committees  as  tfrey  may  be  assigned,  and  perform  all 
duties  devolving  upon  them  by  law  or  ordinance. 

Sec.  15.  Duties  of  clerk.  The  town  clerk  shall  have 
the  custody  of  and  safely  keep  the  corporate  seal,  records, 
plats,  books  and  papers  belonging  to  the  town.  He  shall 
attend  all  meetings  of  the  board  and  record  all  its  proceed- 
ings; he  shall  audit  all  accounts  allowed  by  the  board,  and 
file  all  claims  presented  against  the  town ;  he  shall  annually 
make  and  keep  posted  in  his  office  a  statement  showing  the 
financial  condition  of  the  town,  including  all  receipts  and 
disbursements,  debts  due  to  or  owing  by  the  town,  the 
names  of  parties  to  or  from  whom  such  debts  are  due  and 
on  what  account  such  expenditures  were  made ;  and  perform 
such  other  duties  as  may  devolve  upon  him  under  the  ordi- 
nances of  the  town  or  general  law,  or  may  be  imposed  upon 
him  by  the  board  of  trustees. 

Sec.  16.  Treasurer.  The  treasurer  shall  receive  all 
funds  belonging  to  the  town  and  disburse  the  same  only  up- 
on warrants  signed  by  the  clerk.  He  shall  keep  in  suitable 
books  a  full  account  of  all  receipts  and  disbursements,  show- 
ing in  detail  the  names  of  persons  to  whom  moneys  are  paid 
and  the  source  of  all  receipts.  He  shall  give  to  each  person 
paying  money  into  the  treasury,  a  receipt  therefor,  specify- 
ing the  date  of  payment,  and  upon  what  account.  At  the 
date  of  making  his  semi-annual  report,  he  shall  file  dupli 
cates  of  all  receipts  issued  by  him  during  the  period  covered 
by  such  report.  On  the  first  Monday  of  January  and  July 
of  each  year,  he  shall  present  to  the  board  of  trustees  a  full 
report,  showing  all  receipts  and  disbursements,  since  the 
filing  of  his  last  report,  and  shall  furnish  vouchers  for  all 
sums  disbursed.  He  shall  perform  such  other  duties  as  may 
be  imposed  upon  him  by  ordinance  or  by  general  law. 

Sec.  17.  Marshal.  The  marshal  is  the  general  peace 
officer  of  the  town  and  as  such  shall  have  authority  to  arrest 
without  a  warrant  any  person,  who  shall  in  his  presence 
violate  or  attempt  to  violate  any  ordinance  of  the  town.  He 
must  attend  all  regular  and  special  meetings  of  the  board 


of  trustees;  shall  have  charge  of  and  control  over  the  town 
hall,  or  other  place  of  meeting  of  the  board  of  trustees, 
and  must  keep  same  lighted  and  heated  when  necessary.  He 
must  preserve  order  in  the  town ;  must  arrest  and  promptly 
bring  before  the  justice  of  the  peace  for  trial  all  persons 
guilty  of  a  violation  of  the  ordinances.  He  must  take  from 
any  person  arrested  all  deadly  or  dangerous  weapons,  and 
deliver  the  same  up  to  the  justice  of  the  peace.  He  shall 
take  such  measures  as  shall  be  necessary  to  secure  peace 
and  good  order  at  all  public  meetings,  and  do  all  things 
necessary  to  preserve  order  in  the  town.  He  shall  provide 
and  cause  to  be  kept  a  register  of  arrests,  which  shall  show 
the  date  of  each  arrest,  and  the  offense  charged  and  a  de- 
scription of  any  property  found  upon  the  person  arrested. 

Sec.  18.  Policemen.  The  board  of  trustees  may  ap- 
point such  number  of  policemen  as  shall,  from  time  to  time, 
be  necessary  to  preserve  order  in  the  town.  In  case  of  ex- 
treme necessity  between  meetings,  the  president  of  the 
board  and  the  marshal  are  authorized  to  temporarily  appoint 
such  number  of  policemen  as  may  be  necessary  to  preserve 
order  on  holidays  or  extraordinary  occasions. 

Sec.  19.  Supervisor  of  streets.  The  supervisor  of 
streets  shall  have  general  control  and  supervision  over  the 
streets,  alleys  and  avenues  of  the  town,  and  shall  direct  the 
making  of  all  improvements  and  the  performance  of  all 
work  done  thereon.  He  shall  be  under  the  general  direction 
of  the  board  of  trustees  and  perform  such  other  duties  as 
may  be  imposed  upon  him  by  the  board.  He  shall  make 
monthly  reports  to  the  board  of  trustees  of  all  poll  tax  and 
other  moneys  collected  by  him  in  his  official  capacity,  and 
seasonably  turn  the  same  over  to  the  treasurer,  taking  his 
receipt  therefor. 

Sec.  20.  Health  officer.  The  health  officer  must  be 
a  physician  who  is  a  graduate  of  a  regularly  chartered  med- 
ical college.  In  his  official  capacity,  he  shall  have  power 
and  authority  to  inspect  any  and  all  articles  of  food  or  drink 
brought  into  the  town,  or  offered  for  sale  therein  by  any 


person.  It  shall  be  his  duty  to  at  once  report  to  the  presi- 
dent or  board  of  trustees  the  names  of  any  persons  violating 
any  of  the  health  ordinances  of  the  town,  or  of  the  State 
of  Utah,  or  of  the  County  of  Tooele,  and  to  make  complaint 
before  the  justice  of  the  peace  against  such  persons.  He 
shall  look  after  the  general  health  of  the  town  and  perform 
such  duties  in  that  connection  as  the  board  of  trustees  may 
impose  upon  him. 

Sec.  21.  Justice  of  the  Peace.  The  justice  of  the 
peace  shall  have  and  exercise  all  the  powers  provided  by  law 
for  precinct  justices  of  the  peace,  and  shall  receive  for  his 
services  the  fees  provided  by  law  for  precinct  justices  of 
the  peace.  He  shall  monthly  present  to  the  clerk  a  verified 
claim  for  the  amount  due  him  for  services  rendered  during 
the  preceding  month,  and  shall  at  the  same  time  present 
his  receipt,  showing  that  he  has  paid  to  the  treasurer  all 
funds  which  have  come  to  his  possession  by  way  of  fines  or 
otherwise,  and  which  are  payable  to  the  town  of  Ophir. 
Said  claim  shall  be  by  the  clerk  presented  to  the  board  of 
trustees,  who  shall  audit  the  same,  and  if  found  correct,  it 
must  be  allowed  to  such  justice  of  the  peace. 

Sec.  22.  Committees.  The  following  standing  com- 
mittees shall  be  appointed  by  the  president  of  the  board  of 
trustees,  each  to  consist  of  three  trustees:  Claims  and  ac- 
counts; fire  and  water;  public  health;  streets,  alleys  and 
bridges;  licenses;  town  property. 

Sec.  23.  Oaths  and  bonds.  All  officers  of  \he  town 
shall,  before  entering  upon  their  duties,  subscribe  to  the 
oath  required  by  the  Constitution  of  Utah,  and  give  a  bond, 
as  provided  by  law,  in  the  penal  sum  as  follows  : 

Treasurer,  in  a  sum  equal  to  taxes  for  current  year. 

Clerk  .. $500.00 

Marshal 500.00 

All  other  officers,  unless  otherwise  provided  250.00 

Sec.  24.     Bonds,  approval.  The  president  shall  approve 


10 

all  bonds  but  his  own,  which  shall  be  approved  by  the  board 
of  trustees.  All  official  bonds,  except  that  of  the  clerk,  shall 
be  filed  with  the  clerk;  the  bond  of  the  clerk  shall  be  filed 
with  the  treasurer. 

Sec.  25.  Salaries.  Compensation.  For  all  services  ren- 
dered by  them  for  the  town,  the  officers  shall  receive  the 
following  annual  salaries: 

President  of  the  board  of  trustees $40.00 

Trustees,  each $40.00 

Clerk . $40.00 

Treasurer $20.00 

Marshal $360.00 

Supervisor  of  Streets - 

Health  Officer $96.00 

Sec.  26.  Salaries  payable  quarterly.  All  salaries  shall 
be  paid  in  equal  quarterly  installments  at  the  end  of  March, 
June,  September  and  December.  They  shall  be  paid  on  a 
warrant  signed  by  the  clerk  and  drawn  upon  the  treasurer. 

CHAPTER  FIVE. 
Claims  and  Manner  of  Payment. 

Sec.  27.  Claims  must  be  verified.  The  trustees  shall 
not  hear  nor  consider  any  claim  against  the  town,  nor  shall 
the  trustees  credit  or  allow  any  claims  against  the  town,  un- 
less the  same  are  itemized,  giving  names,  dates  and  particu- 
lar service  rendered,  nor  until  it  is  passed  upon  by  the  clerk. 
If  for  materials  furnished,  to  whom,  by  whom  ordered, 
quantity  and  the  price  agreed  upon.  Every  claim  against 
the  town  must  be  presented  to  the  clerk  within  one  year 
after  the  last  item  of  the  account  or  claim  accrued.  Tn  all 
cases  claims  shall  be  verified  as  to  their  correctness  and  as 
to  the  fact  that  they  are  justly  due,  by  the  claimant  or  his 
authorized  agent.  If  the  trustees  shall  refuse  to  hear  or 
consider  a  claim  because  it  is  not  properly  made  out,  they 
shall  cause  notice  of  the  fact  to  be  given  to  the  claimant 
and  shall  allow  sufficient  time  for  the  same  to  be  properly 
itemized  and  verified. 


11 

Sec.  28.  Improper  claims  rejected.  When  the  trus- 
tees find  that  any  claim  presented  is  not  payable  by  the 
town,  or  is  not  a  proper  town  charge,  it  must  be  rejected. 
If  it  is  found  to  be  a  proper  town  charge,  but  greater  in 
amount  than  is  justly  due,  the  trustees  may  allow  the  claim 
in  part  and  may  order  a  warrant  drawn  for  the  portion  al- 
lowed. If  the  claimant  is  unwilling  to  receive  such  amount 
in  full  payment,  the  claim  may  again  be  considered  by  the 
trustees. 

Sec.  29.  Officers  prohibited  from  presenting  certain 
claims.  No  town  officer  shall,  except  for  his  own  services, 
present  any  claim,  account  or  demand  for  allowance  against 
the  town,  nor  in  any  way  advocate  the  relief  asked  in  the 
claim  or  demand  made  by  any  other.  Any  person  may 
appear  before  the  trustees  and  oppose  the  allowance  of  any 
claim  or  demand  against  the  town. 

Sec.  30.  Warrants  must  specify  nature  of  claim.  Order 
of  presentation.  Warrants  drawn  bv  order  of  the  town 
trustees  on  the  town  treasury  for  current  expenses  during 
each  year,  must  specify  the  liability  for  which  they  are 
drawn,  when  they  accrued,  and  the  funds  from  which  they 
are  to  be  paid,  and  must  be  paid  in  the  order  of  presentation 
to  the  treasurer.  If  the  fund  is  insufficient  to  pay  any  war- 
rants, they  must  be  registered,  and  thereafter  paid  in  the 
order  of  registration. 

Sec.  31.  Clerk  must  certify  that  warrant  is  within 
debt  limit.  .The  clerk  shall  endorse  a  certificate  on  every 
bond,  warrant  or  other  evidence  of  debt  issued  in  pursuance 
of  law  or  ordinance  by  him,  that  the  same  is  within  the  law- 
ful debt  limit  of  the  town,  and  is  lawfully  issued.  He  shall 
sign  such  certificate  in  his  official  character. 

Sec.  32.  Bonded  indebtedness.  Limit.  Warrants  for 
interest  on  the  bonded  debt,  for  salaries  and  for  current  ex- 
penses of  the  town  may  be  certified  by  the  clerk  to  be  within 
the  lawful  debt  limit  of  the  town,  whenever  the  same,  to- 


12 

gether  with  all  other  indebtedness  of  the  town  shall  not  ex- 
ceed the  amount  of  indebtedness  of  the  town,  in  addition  to 
the  whole  amount  of  taxes  and  revenue  of  the  town  for 
the  year  in  which  such  warrant  or  warrants  are  issued. 

Sec.  33.  Findings  of  trustees  protect  clerk.  When- 
ever the  town  trustees  shall  find  or  declare  that  any  appro- 
priation or  expenditure  for  which  a  warrant  or  warrants  are 
to  be  issued,  was  or  is  for  interest  upon  the  bonded  debt, 
such  finding  or  declaration  shall  conclusively  protect  the 
clerk  as  to  such  facts  in  certifying  any  warrant  or  warrants 
therefor  to  be  within  the  lawful  debt  of  the  town. 

CHAPTER  SIX 
Licenses. 

Sec.  34.  Unlawful  to  transact  certain  business  with- 
out a  license.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  engage  in,  or  carry  on  any  business,  trade  or 
calling,  for  which  a  license  is  required  by  these  ordinaces, 
without  first  procuring  the  license  herein  provided  for. 

Sec.  35.  License  fee  to  be  first  paid.  No  license  shall 
be  issued  to  any  person,  until  the  amount  required  therefor 
shall  have  been  first  paid  to  the  town  clerk,  and  by  comply- 
ing with  any  other  provisions  of  this  chapter  in  reference 
to  licenses. 

Sec.  36.     Applications.  How  license  issued.  Record.    All 

applications  for  license  shall  be  made  in  writing  to  the  clerk, 
and  all  licenses  shall  be  issued  and  signed  by  the  clerk,  un- 
der the  seal  of  the  town.  The  clerk  shall  keep  an  alpha- 
betical list  of  all  licenses  issued,  stating  the  number,  name, 
place  and  kind  of  business,  and  the  amount  paid,  with  such 
remarks  as  may  be  considered  necessary. 

Sec.  37.  What  to  contain.  Every  license  issued  shall 
specify  by  name  the  person  to  whom  it  is  issued,  the  char- 
acter of  the  business  licensed,  and  shall  designate  the  par- 
ticular place  at  which  the  business  is  to  be  carried  on;  and 


13 

if  the  licensee  is  a  firm  or  partnership,  the  name  of  each 
member  thereof  shall  be  inserted  in  the  license,  when  prac- 
ticable. 

Sec.  38.  Not  assignable.  Licenses  are  not  assignable 
nor  transferable,  nor  shall  any  person  other  than  the  orig- 
inal licensee  be  authorized  to  do  any  business  of  any  kind 
under  said  license ;  neither  can  any  business  other  than  that 
specified  in  said  license  be  carried  on  under  the  same,  nor  at 
any  other  place  than  that  specified  in  said  license,  without 
special  permission  of  the  town  board. 

Sec.  39.  Rebate.  No  rebate  shall  be  allowed  upon  any 
license,  unless  the  licenlee  has  been  damaged  by  fire  or  other 
unavoidable  accident.  In  such  cases  the  board  of  trustees 
shall  have  discretionary  power  as  to  what,  if  any,  amount, 
not  more  than  one-half,  in  any  case,  shall  be  rebated. 

Sec.  40.  Period  of  license.  Term.  No  license,  for  any 
of  the  purposes  named  in  the  next  succeeding  section,  shall 
be  granted  for  a  shorter  period  than  three  months,  and  the 
terms  thereof  shall  be  for  the  quarterly  periods  beginning 
with  the  months  of  January,  April,  July  and  October  of  each 
year. 

Sec.  41.  Amounts  to  be  paid  for  licenses.  When  not 
otherwise  specified,  the  licenses  shall  be  issued  for  the  period 
of  three  months,  for  the  following  amounts : 

(a)  Merchants.     For  carrying  on  the  business  of  buy- 
ing and  selling  goods,  wares  and  merchandise,  where  the 
stock  is  valued  at  $15,000  or  more,  $15.00;  when  the  stock 
is  valued  at  not  less  than  $10,000  nor  more  than  $15,000, 
$10.00;  where  the  stock  is  valued  at  not  less  than  $5,000  nor 
more  than  $10,000,  $7.50;  where  the  stock  is  valued  less 
than  $5,000,  $5.00. 

(b)  Confectionery,  soft  drinks,  etc.     For  a  confection- 
ery parlor,  including  sale  of  soft  drinks  by  bottle,  where  not 
served  at  a  bar,  $15.00  per  quarter. 

(c)  Soft  drinks.     For  sale  of  soft  drinks  by  bottle  or 


14 

glass  where  a  bar  is  maintained,  $15.00  per  quarter. 

(d)  Butchers.     For  engaging  in  the  business  of  butch- 
ering ;  that  is,  buying  and  selling,  or  cutting  and  dealing  out 
or  otherwise  disposing  of  fresh  meats,  $5.00. 

(e)  Peddlers.     All   persons    traveling   from    house  to 
house  within  the  town  of  Ophir,  selling  or  offering  for  sale 
any  articles  except  fruit,  vegetables,  poultry,  eggs,  butter 
and  farm  produce  only,  shall  be  denominated  peddlers,  and 
the  amount  for  a  license  as   such   shall   be  the  sum   of 
$5.00 ;  provided  that  this  shall  not  be  construed  as  a  license 
to  any  person,  except  a  retail  druggist,  to  in  any  manner 
sell  or  dispose  of  patent  medicines,  proprietary  remedies,  or 
drugs  of  any  character. 

(f )  Solicitors.     A  retail  solicitor  is  a  person  who  solicits 
or  seeks  orders  for  the  sale  of  goods  for  present  or  future 
delivery,  and  the  amount  to  be  paid  for  a  license  as  such 
shall  be  $5.00  per  quarter. 

(g)  Livery  Stables.     A  livery  stable  is  a  place  where 
horses,  teams,  carriages,  or  other  vehicles  are  kept  for  hire, 
and  where  horses  or  other  animals  not  belonging  to  the  pro- 
prietor, are  fed  for  a  consideration    The  amount  to  be  paid 
for  such  business  shall  be  $2.50  per  quarter. 

(h)  Moving  Picture  Show.  For  a  moving  picture  show, 
$7.50  per  quarter. 

(i)  Hotels.  Hotels  are  places  where  meals  are  served, 
or  rooms  furnished  for  the  accommodation  of  guests  for 
hire,  and  the  amount  to  be  paid  for  a  license  as  such  shall  be 
the  sum  of  $2.50. 

(j)  Rooming  house.  Rooming  houses  are  places  where 
rooms  ,are  rented  to  guests  or  regular  roomers  for  hire,  and 
the  amount  to  be  paid  for  a  license  therefor  shall  be  the  sum 

of  $2.50. 

(k)  Amusement  hall.  For  dancing,  music  or  theatrical 
hall  $2.50. 

(1)  Drug  store.     For  retail  drug  store,  $7.50. 


1C 

(m)  Slot  machines.  Any  person  owning  or  operating 
or  maintaining  any  slot  machine,  containing  a  slot  or  other 
receptacle  where  coin  is  placed  in  exchange  for  any  article 
of  merchandise,  shall,  before  permitting  the  same  to  be  op- 
erated upon  his  premises,  procure  a  license  therefor,  and 
pay  for  each  period  of  three  months  the  sum  of  $2.50.  This 
shall  not  be  construed  as  a  license  to  own,  operate  or  main- 
tain any  machine  which  is  used  for  the  purpose  of  gambling 
for  either  money  or  property  of  any  kind. 

CHAPTER  SEVEN. 

HEALTH  AND  QUARANTINE  PROVISIONS. 
(a)  General  Provisions. 

Sec.  42.  Board  of  health.  A  board  of  health  is  here- 
by created,  consisting  of  the  health  officer,  the  president  of 
the  board  of  trustees,  and  the  members  of  the  committee 
on  public  health,  of  which  the  health  officer  shall  be  chair- 
man. The  board  may  apoint  a  secretary  within  or  outside 
of  its  membership,  whose  duty  shall  be  to  keep  an  accurate 
record  of  all  contagious  and  infectious  diseases  coming  with- 
in the  knowledge  of  the  board,  and  the  disposition  thereof. 

Sec.  43.  Burial  of  the  dead.  It  shall  be  unlawful  to 
bury,  remove  or  otherwise  dispose  of  the  body  of  any  de- 
ceased person,  without  first  procuring  a  permit  so  to  do  from 
the  health  officer.  The  application  for  such  permit  shall 
be  in  such  form  as  the  board  of  health  may  prescribe,  and 
must  state  the  age,  color,  sex,  place  of  residence  and  cause 
of  death  of  such  deceased. 

Sec.  44.  Id.  Persons  dying  of  contagious  or  infectious 
diseases.  The  body  of  any  person  who  has  died  of  either  of 
the  diseases  of  Asiatic  cholera,  diphtheria  (membranous 
croup),  scarlet  fever  (scarletina),  bubonic  plague  or  small 
pox,  shall  not  remain  unburied  for  a  longer  period  than  thir- 
ty-six hours  after  death,  unless  special  pel-mission  be  grant- 
ed on  satisfactory  cause  shown.  Services  held  in  connec- 


16 

tion  with  the  funeral  of  a  person  dying  of  any  of  the  di- 
seases mentioned  in  this  section  shall  be  private,  and  the 
attendance  shall  include  only  the  immediate  adult  relatives 
of  the  deceased,  who  may  not  at  the  time  be  under  absolute 
quarantine  restrictions,  and  the  necessary  number  of  adult 
pall  bearers.  Any  advertisement  of  such  funeral  must 
state  the  cause  of  death. 

(b)  Quarantine  Provisions. 

Sec.  54.  Certain  diseases  subject  to  quarantine.  Im- 
mediately upon  receiving  the  report  of  a  case  of  Asiatic 
cholera,  diphtheria  (membranous  croup),  scarlet  fever 
(scarletina) ,  bubonic  plague,  or  small  pox,  the  board  of 
health  or  health  officer  shall  cause  to  be  securely  attached 
in  a  conspicuous  place  on  the  house  wherein  such  disease 
occurs,  a  card  or  flag  having  printed  on  it  in  large  letters 
the  word  "Quarantine"  and  the  name  of  the  disease  for 
which  quarantine  is  established;  and  shall  also  prohibit  en- 
trance or  exit  to  or  from  such  house  of  any  person  excepting 
the  attending  physician  and  necessary  nurses,  without  writ- 
ten permision  of  the  board  of  health  or  health  officer.  No 
person  shall  remove,  mar,  deface  or  destroy  such  quarantine 
card  or  flag  which  shall  remain  in  place  until  after  the  pa- 
tient has  been  removed  from  such  house  or  has  recovered 
and  is  no  longer  capable  of  communicating  the  disease,  and 
the  house  and  contents  thereof  have  been  properly  disin- 
fected by  the  board  of  health. 

Sec.  46.  Id.  Other  diseases  to  be  placarded.  It  shall 
be  the  duty  of  the  board  of  health  or  health  officer  to  pla- 
card in  the  same  manner  as  described  in  Section  45,  all  cases 
of  measles,  whooping  cough,  cerebro  spinal  meningitis, 
mumps,  chicken-pox  reported,  and  to  maintain  and  effect 
such  quarantine  and  disinfection  as  are  provided  in  these 
ordinances  relating  to  the  said  diseases. 

Sec.  47.  Duty  of  attending  physician.  Every  physi- 
cian attending  a  person  affected  with  any  disease  mentioned 
in  either  of  the  last  two  preceding  sections,  must  use  every 
possible  precaution  to  prevent  communication  of  the  disease 


17 

to  others.  Every  such  physician  and  any  other  person  hav- 
ing knowledge  of  the  existence  of  such  disease,  must  im- 
mediately after  learning  of  the  existence  of  such  disease, 
report  the  fact  to  the  board  of  health. 

Sec.  48.  Period  of  isolation  and  quarantine.  The  iso- 
lation and  duration  of  quarantine  in  contagious  diseases 
shall  be  as  follows: 

Asiatic  Cholera.  For  the  patient,  quarantine  until  af- 
tsr  complete  recovery  and  disinfection  of  premises.  For 
exposed  persons,  quarantine  for  five  (5)  days  from  date  of 
last  exposure. 

Small-pox.  For  the  patient,  quarantine  for  not  less 
twenty-one  (21)  days  after  the  beginning  of  the  disease 
and  until  all  crusts  or  scales  have  fallen  off  or  been  removed 
and  the  disinfection  of  the  patient  and  premises.  For  ex- 
posed persons,  quarantine  for  fourteen  (14)  days  from  date 
of  last  exposure  unless  successfully  vaccinated  and  person 
and  clothing  disinfected,  or  protected  by  a  previous  attack  of 
the  disease  and  person  and  clothing  disinfected.  Provided, 
that  persons  who  have  not  been  successfully  vaccinated 
previously  and  who  shall  submit  to  vaccination  may  be  re- 
leased from  quarantine  after  disinfection  of  person  and 
clothing,  when  evidence  occurs  that  the  said  vaccination 
is  successful. 

Scarlet  fever.  For  the  patient  and  children  associated 
with  or  in  the  family  with  the  patient,  quarantine  for  not 
less  than  thirty  (30)  days  after  the  beginning  of  the  di- 
sease, and  until  complete  desquamation  or  scaling  of  the 
skin  of  the  patient.  Isolation  of  the  patient  and  children 
associated  with  the  patient  for  ten  (10)  days  after  removal 
of  quarantine.  Patient  shall  not  be  permitted  to  re-enter 
school  until  twenty-one  (21)  days  after  quarantine  is  re- 
moved. Other  children  in  the  family  may  be  disinfected 
and  removed  to  another  house  and  shall  there  be  isolated 
for.  a  period  of  ten  (10)  days  and  then  released,  provided, 
they  remain  free  from  disease.  For  adults  living  in  the 


18 

family  with,  or  exposed  to  the  patient,  while  the  house  re- 
mains quarantined,  unless  said  adults  submit  to  thorough 
disinfection  of  their  clothing  and  removal  from  the  premises 
during  the  time  said  quarantine  is  maintained. 

Diphtheria.  For  the  patient,  quarantine  for  not  less 
fourteen  (14)  days  after  the  beginning  of  the  disease.  For 
persons  associated  with  or  in  the  family  with  the  patient, 
quarantine  until  after  death  or  recovery  of  the  patient,  and 
disinfection  of  clothing  and  premises.  Provided,  that  other 
children  in  the  family  who  shall  receive  an  immunizing  dose 
of  antitoxin  may  be  released  from  quarantine  at  the  discre- 
tion of  the  board  of  health  .after  disinfection  of  person  and 
clothing.  Adult  members  of  the  family  may  be  released 
from  quarantine  on  condition  that  clothing  shall  be  disin- 
fected by  the  health  officer. 

Epidemic  cerebro  spinal  meningitis.  For  the  patient, 
isolation  from  the  rest  of  the  family.  Quarantine  of  not 
less  than  fourteen  (14)  days  after  the  first  appearance  of 
disease,  and  until  the  death  or  recovery  of  the  patient,  and 
the  disinfection  of  the  premises.  Persons  living  in  a  house 
where  the  disease  is  present  should  not  mingle  with  the  gen- 
eral public  until  the  disease  has  terminated. 

Bubonic  plague.  For  the  patient,  quarantine  until  re- 
covery or  death,  and  disinfection  of  premises.  For  exposed 
persons,  quarantine  for  eight  (8)  days  from  date  of  last 
exposure. 

Measles.  For  the  patient,  isolation  and  quarantine  for 
not  less  than  fourteen  (14)  days  until  peeling  or  desquama- 
tion  h,as  ceased.  Patient  should  not  be  permitted  to  attend 
school  for  five  (5)  days  after  quarantine  has  been  removed. 
For  other  members  of  the  family,  quarantine  not  required, 
but  children  of  the  household  must  not  attend  school  or 
other  public  gatherings  or  mingle  with  other  children,  un- 
less satisfactory  proof  shall  be  furnished  to  the  board  of 
health  of  their  having  had  the  disease,  in  which  event,  the 
board  of  health  may,  at  its  discretion,  permit  the  said  child- 


19 

ren  to  attend  school  and  other  public  gatherings. 

Whooping  cough.  For  patient,  isolation  and  quaran- 
tine for  not  less  than  five  (5)  weeks  from  the  beginning  of 
tne  disease  and  until  the  "whoop"  has  entirely  ceased.  For 
other  members  of  the  family,  quarantine  not  required,  but 
children  of  the  same  household  must  not  attend  school  or 
other  public  gatherings  for  a  period  of  three  (3)  weeks  from 
the  beginning  of  quarantine. 

Chicken-pox.  For  the  patient,  and  children  living  in 
family,  quarantine  for  not  less  than  fourteen  (14)  days  from 
the  beginning  of  the  disease,  and  until  all  scales  and  crusts 
have  disappeared. 

Mumps.  For  the  patient,  isolation  and  quarantine  un- 
til recovery  or  death.  For  other  members  of  family,  quar- 
antine not  required..  It  shall  be  the  duty  of  every 
physician  or  other  person  caring  for  the  sick  to  immediately 
make  a  report  of  all  cases  of  mumps  in  his  or  her  charge. 

Typhoid  fever,  pneumonia,  tuberculosis  and  anterior 
poliomyelitis.  No  placard  required,  (unless  provided  by 
rules  of  the  board  of  health  to  the  contrary)  but  the  precau- 
tions and  recommendations  of  the  State  Board  of  Health 
contained  in  the  circulars  pertaining  to  said  diseases  must 
be  strictly  enforced. 

Sec.  49.  When  quarantine  removed.  No  quarantine 
of  a  contagious  disease  shall  be  removed  until  the  attending 
physician  has  notified  the  local  board  of  health  that  the  case 
has  recovered  and  is  no  longer  liable  to  communicate  the  di- 
sease, provided  that  when  no  physician  is  in  attendance  the 
health  offcer  may  remove  the  same  at  the  expiration  of  the 
quarantine  period  and  recovery  of  the  patient. 

Sec.  50.  Children  to  be  excluded  from  school.  Disin- 
fection. When  a  case  of  contagious  disease  is  reported,  it 
shall  be  the  duty  of  the  health  officer  to  ascertain  the 
schools  attended  by  any  child  or  children  from  the  in- 


20 

fected  premises,  and  to  serve  a  written  notice  upon  those 
in  charge  of  such  school,  requiring  the  exclusion  of  all  those 
residing  in  the  same  house  in  which  the  person  or  persons 
suffering  from  such  disease  may  be  located,  until  a  written 
permit  from  the  board  of  health  is  presented.  If  any  child 
has  attended  school  while  suffering  from  any  of  the  diseases 
mentioned  in  Sec.  48,  the  board  of  health  must  cause  the 
school  room  where  such  child  or  children  attended  to  be 
thoroughly  disinfected. 

Sec.  51.  Exclusion  from  public  meetings.  Any  per- 
sons suffering  from  cholera,  small-pox,  typhus  fever,  bubon- 
ic plague,  diphtheria,  (membranous  croup),  scarlet  fever 
(scarletina),  measles,  whooping  cough,  mumps,  chicken-pox, 
or  cerebro  spinal  meningitis,  nor  any  person  from  any  house 
where  any  other  person  is  suffering  from  any  of  said  di- 
seases, shall  not  be  admitted  into  any  public,  parochial  or 
private  school,  college  or  Sunday  School,  or  any  public  meet- 
ing or  assemblage,  or  any  public  conveyance. 

Sec.  52.  Parents  and  guardians  must  prevent  diseased 
children  from  going  into  the  premises  of  others.  No  pa- 
rent, guardian  or  other  person  having  charge  or  control  of 
any  child  or  children  shall  allow  or  permit  such  child  or 
children  to  go  from  any  family  in  which  a  case  of  cholera, 
small-pox,  typhus  fever,  bubonic  plague,  diphtheria  (mem- 
branous croup),  scarlet  fever  (scarletina),  measles,  whoop- 
ing cough,  chicken-pox,  or  cerebro  spinal  meningitis  has  re- 
cently occurred,  without  a  permit  from  the  board  of  health, 
or  its  proper  officer. 

Sec.  53.  Disinfection  after  death  or  recovery.  When 
a  person  affected  with  small-pox,  typhus  fever,  diphtheria 
(membranous  croup),  or  scarlet  fever  (scarletina),  has  re- 
covered and  is  no  longer  liable  to  communicate  the  disease 
to  others,  or  has  died,  the  physician  shall  furnish  to  the 
board  of  health  a  certificate  of  such  recovery  or  death,  and 
as  soon  thereafter  as  the  board  deems  it  advisable,  its  health 
officer  or  other  person  appointed  for  the  purpose  shall  thor- 
oughly disinfect  the  house  and  contents  thereof  in  which 


21 

such  person  has  been  ill  or  has  died,  which  disinfection 
shall  be  done  in  accordance  with  the  rules  and  regulations 
adopted  by  the  State  Board  of  Health. 

Sec.  54.  Sale  of  milk  from  quarantined  premises  pro- 
hibited. The  sale  or  use  of  milk  or  dairy  products  from  a 
place  where  one  of  the  quarantinable  diseases  exists,  or 
where  typhoid  fever  is  present,  is  strictly  forbidden,  unless 
the  milk  is  handled,  cans  and  pails  washed  and  stock  cared 
for  by  persons  entirely  segregated  from  the  affected  family, 
and  then  only  upon  permission  of  the  health  officer. 

Sec.  55.    Disinfection  of  excreta  from  typhoid  patients. 

It  shall  be  the  duty  of  any  person  affected  with  typhoid  fev- 
er to  disinfect  all  excreta  excreted  by  said  person  during  the 
course  of  the  disease,  in  accordance  with  the  rules  of  the 
State  Board  of  Health,  and  upon  failure  to  do  so,  shall  be 
deemed  guilty  of  a  misdemeanor. 

Sec.  56.  Id.  Duty  of  physician.  It  shall  be  the  duty 
of  the  physician  in  attendance  upon  all  persons  affected  with 
typhoid  fever,  to  personally  instruct  those  having  charge  of 
same  to  perform  the  disinfection  described  in  this  chapter, 
and  to  satisfy  himself  that  the  same  is  properly  carried  out, 
and  for  failure  to  do  so,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

Sec.  57.     Provisions  applicable  beyond  corporate  limits. 

The  provisions  of  the  foregoing  sections  of  this  sub-head  of 
this  chapter  relative  to  quarantine  regulations  for  conta- 
gious and  infectious  diseases,  shall  be  applicable  to  the  ter- 
ritory lying  within,  and  for  one  mile  beyond  the  corporate 
limits  of  Ophir.  Every  person  within  the  town  of  Ophir,  or 
within  one  mile  of  the  corporate  limits  thereof,  who  shall 
violate  any  of  the  provisions  of  this  chapter,  shall  be  guilty 
of  a  misdemeanor. 

Sec.  58.     Board  of  health  may  adopt  regulations.     The 

board  of  health  may  adopt  such  rules  and  regulations  not 
inconsistent  with  these  ordinances,  or  with  state  law,  or 


22 

with  the  regulations  of  the  State  Board  of  Health,  as  it  may 
from  time  to  time  deem  necessary  for  the  general  welfare 
of  the  town. 

Sec.  59.  Penalty.  It  is  hereby  made  a  crime,  upon 
conviction  of  which  a  fine  of  not  to  exceed  fifty  dollars  or 
imprisonment  in  the  town  jail  for  a  period  not  to  exceed 
thirty  days,  shall  be  imposed  upon  ,any  person  who  shall 
tear  down  or  remove  any  flag  so  put  up  by  said  physician  or 
health  officer  as  herein  provided,  or  in  any  manner  hinder, 
interfere  with  or  delay  said  board  in  the  performance  of  its 
duties. 

Sec.  60.  Same.  Every  person  who  shall  violate  any 
of  the  provisions  of  this  chapter,  shall,  upon  conviction 
thereof,  be  punished  by  a  fine  in  any  sum  less  than  one 
hundred  dollars,  or  by  imprisonment  in  the  town  jail  not  to 
exceed  three  months. 

CHAPTER  EIGHT. 
Food  and  Drink. 

Sec.  61.     Sale    of    unwholesome    food    prohibited.     It 

shall  be  unlawful  for  any  person  to  offer  for  sale  in  any  pri- 
vate or  public  market  within  the  town  of  Ophir,  any  article 
of  food  or  drink  intended  for  human  consumption,  which  is 
not  healthy,  fresh,  sound  and  wholesome  condition,  and  fit 
for  human  food. 

Sec.  62.  Putrid  or  unwholesome  meat.  It  shall  be 
unlawful  for  any  person  within  the  town  of  Ophir  to  offer 
for  sale  any  meat,  fish  or  fowl,  which  is  in  any  way  putrid, 
impure  or  unwholesome,  or  which  has  died  by  disease  or 
accident. 

Sec.  63.  Swine  fattened  on  unwholesome  food.  It 
shall  be  unlawful  for  any  person  to  offer  for  sale  within  the 
town  of  Ophir,  or  sell  or  give  away  any  swine  or  pork,  which 
has  been  fattened  or  fed  upon  any  meat,  blood  or  entrails 
in  a  putrid  or  decayed  state  or  upon  any  animal  dead  from 


23 

natural  causes,  or  upon  any  food  calculated  to  engender  di- 
sease in  the  flesh  of  such  animal. 

Sec.  64.  Befouling  water.  It  shall  be  unlawful  for 
any  person  within  the  town  of  Ophir  to  suffer  or  permit  to 
be  thrown  into  any  stream,  or  other  water  used  for  culinary 
purposes,  any  vegetable,  animal  or  mineral  substance  what- 
ever, which  will  in  any  manner  pollute  or  befoul  any  such 
water  for  culinary  purposes. 

CHAPTER  NINE. 
MISDEMEANORS. 

Sec.  65.  Abusive  language.  It  shall  be  unlawful  for 
any  person  to  abuse  another  by  using  menacing,  insulting, 
slanderous  or  profane  language  within  the  town  of  Ophir. 

Sec.  66.  Animals.  Cruelty  to.  It  shall  be  unlawful  for 
any  person  to  torture,  cruelly  beat,  ill  treat,  main  or  disfig- 
ure any  horse  or  other  animal  within  the  limits  of  the  town 
of  Ophir,  whether  belonging  to  himself  or  to  another  person. 

Sec.  67.  Assault  and  battery.  An  assault  is  an  un- 
lawful attempt,  coupled  with  a  present  ability,  to  commit  a 
\iolent  injury  on  the  person  of  another.  A  battery  is  any 
wilful  and  unlawful  use  of  force  or  violence  upon  the  person 
of  another.  It  shall  be  unlawful  for  any  person  to  commit 
an  assault  or  battery  within  the  town  of  Ophir. 

Sec.  68.  Concealed  weapons.  It  shall  be  unlawful  for 
any  person,  except  a  peace  officer,  without  the  written  con- 
sent of  a  peace  officer,  to  carry  concealed  any  of  the  follow- 
ing named  weapons,  to-wit:  Slingshot,  brass  knuckles,  re- 
volver, dagger,  stilletto,  or  other  concealed  weapons. 

Sec.  69.  Dance  house  prohibited.  It  shall  be  unlawful 
for  any  person  to  keep,  maintain,  or  assist  in  keeping  or 
maintaining  a  dance  house  where  lewd  or  disorderly  persons 
assemble  together  for  dancing. 


24 

Sec.  70.  Defacing  or  destroying  property  pro- 
hibited. It  shall  be  unlawful  for  any  person  to  wil- 
fully injure,  deface  or  destroy  property  of  another, 
either  public  or  private,  or  to  secrete  any  goods, 
chattels  or  personal  property  of  another,  or  to  prepare  any 
deadfall,  or  to  dig  any  pit,  or  to  arrange  any  trap,  to  injure 
another's  person  or  property,  or  to  take  down,  injure  or  re- 
move any  monument,  street  sign,  or  any  tree  marked  as  a 
boundary  of  any  tract  of  land  or  town  lot,  or  to  injure  de- 
stroy, deface  or  alter  the  marks  of  any  monument,  or  street 
sign,  or  to  deface,  injure  or  destroy  any  fence  or  fountain, 
or  shade  or  fruit  tree,  or  to  deface,  injure  or  destroy  any 
kind  of  public  or  private  property,  or  to  deface  sidewalks 
or  trees  located  upon  any  public  street  or  highway  or  upon 
public  property,  with  paint  or  printed  handbills,  signs,  post- 
ers or  other  advertisements. 

Sec.  71.  Defacing  property  in  cemetery.  It  shall  be 
unlawful  for  any  person  to  deface  any  headboard,  tomb- 
stone, monument,  tree,  shrub,  or  other  property  in  the  town 
cemetery. 

Sec.  72.  Discharge  of  explosives.  It  shall  be  unlawful 
to  discharge  guns  or  pistols,  or  explode  blasting  powder, 
dynamite,  or  other  explosives,  in  any  street,  lot,  grounds  or 
alley,  or  within  700  feet  of  any  public  school  house  or  other 
public  building  in  the  town  of  Ophir,  except  in  self  defense, 
or  in  the  case  of  an  officer  in  the  discharge  of  his  duty. 

Sec.  73.  Disorderly  houses  prohibited.  It  shall  be  un- 
lawful for  any  person  to  keep  an  ill-governed  or  disorderly 
house,  or  to  suffer  or  permit  any  drunkenness,  quarreling, 
fighting,  unlawful  games,  or  riotous  or  disorderly  conduct 
whatever  on  his  premises,  within  the  limits  of  the  town  of 
Ophir. 

Sec.  74.  Disorderly  assemblies.  It  shall  be  unlawful 
for  any  number  of  persons  to  congregate  in  any  street,  alley, 
or  other  public  place  in  the  town  of  Ophir  and  there  indulge 
in  offensive,  abusive  or  disorderly  conduct  in  any  manner 


25 

calculated  to  endanger  or  disturb  the  peace  of  any  of  the 
citizens  of  the'  town. 

Sec.  75.  Disturbing  the  peace.  It  shall  be  unlawful 
for  any  person  to  maliciously  or  wilfully  disturb  the  peace 
or  quiet  of  another  or  of  any  neighborhood  or  family,  by 
loud  or  unusual  noise  or  by  discharging  firearms  of  any  de- 
scription, or  by  lascivious  or  offensive  conduct,  or  by  threat- 
ening, traducing,  quarreling,  challenging  to  fight  or  fighting, 
or  by  the  use  of  profane  or  blasphemous  language. 

Sec.  76.  Disturbance  of  public  meetings.  It  shall  be 
unlawful  for  any  person  to  excite  disturbance  or  contention 
at  any  public  place,  public  house,  court,  election,  or  a  public 
assembly  congregated  for  religious  or  other  lawful  purpose, 
or  to  make  use  of  any  undue  noise,  or  offensive,  unbecoming 
or  indecent  behavior  at  any  such  place,  within  the  limits  of 
the  town  of  Ophir. 

Sec.  77.  Drunkenness.  It  shall  be  unlawful  for  any 
person  to  be  drunk,  or  in  an  intoxicated  condition,  in  any 
street,  lane,  alley  or  other  public  place  in  the  town  of  Ophir. 

Sec.  78.  Dances,  improper.  It  shall  be  unlawful  for 
any  person  in  a  public  dance  hall,  or  in  any  public  place, 
to  dance  in,  engage  or  take  part  in  any  improper,  indecent 
or  obscene  dance,  such  as  the  dance  known  as  the  "Turkey 
Trot,"  the  "Grizzly  Bear,"  and  other  dances  of  like  char- 
acter. It  shall  be  unlawful  for  any  person  conducting  or  hav- 
ing charge  of  any  public  dance  or  dance  hall,  as  owner,  les- 
see or  manager,  or  otherwise,  to  permit  any  person  to  dance 
any  such  prohibited  dance. 

Sec.  79.  Dog  fighting.  It  shall  be  unlawful  for  any 
person  to  incite,  instigate,  promote,  cause  or  attend  any  dog 
fight  or  cock  fight  within  the  town  of  Ophir. 

Sec.  80.  Embezzlement.  Embezzlement  is  the  fraud- 
ulent appropriation  of  money  or  property  by  a  person  to 


26 

whom  it  was  intrusted.  It  shall  be  unlawful  for  any  per- 
son to  be  guilty  of  embezzlement  of  money  or  other  prop- 
erty of  value  not  exceeding  fifty  dollars.  Upon  any  pros- 
ecution for  embezzlement,  it  is  sufficient  defense  that  the 
property  was  appropriated  openly  and  avowedly,  and  under 
a  claim  of  title  preferred  in  good  faith,  even  though  such 
claim  is  untenable. 

Sec.  81.     Expectoration  in  public  places  prohibited.     It 

shall  be  unlawful  for  any  person  to  expectorate  or  throw 
cigar  stumps,  cigarette  stumps,  or  quids  of  tobacco  on  the 
floor  of  any  public  building,  or  any  paved  or  board  sidewalk 
in  the  town  of  Ophir. 

Sec.  82.  Exhibiting  deadly  weapon.  Every  person  who, 
not  in  necessary  self-defense,  in  the  presence  of  two  or  more 
persons,  draws  or  exhibits  any  deadly  weapon  in  an  angry 
and  threatening  manner,  or  who,  in  any  manner,  unlawfully 
uses  the  same  in  any  fight  or  quarrel,  shall  be  guilty  of  a 
misdemeanor  and  on  conviction  thereof,  be  punished  by  a 
fine  in  any  sum  less  than  $100.00  or  by  imprisonment  in  the 
town  jail  not  to  exceed  three  months. 

Sec.  83.  Fighting.  It  shall  be  unlawful  for  any  per- 
son to  engage  in  any  fight  within  the  town  of  Ophir. 

Sec.  84.  Fowls  running  at  large.  It  shall  be  unlawful 
for  any  person  within  the  town  of  Ophir  to  allow  any  domes- 
tic fowls,  such  as  turkeys,  ducks,  chickens  and  geese,  to  tres- 
pass upon  the  premises  of  any  person  other  than  their  own- 
er, between  the  first  day  of  March  and  the  first  day  of  No- 
vember, of  each  year. 

Sec.  85.  False  pretenses.  Refreshments.  Any  person 
who  shall,  within  the  limits  of  this  town,  obtain  any  goods, 
chattels  or  other  property  under  false  pretenses,  or  who 
shall  enter  into  any  house,  shop  or  place,  and  call  for  re- 
freshments or  other  article  or  thing  and  receive  the  same 
and  depart  without  paying  or  satisfying  the  owner  thereof, 
shall  be  guilty  of  a  misdemeanor. 

Sec.  86.     False  representations.  Obtaining  credit  by.  It 


27 

shall  be  unlawful  for  any  person,  by  false  representations, 
in  writing,  of  his  own  responsibility,  wealth,  assets  or  mer- 
cantile correspondence  and  connection,  to  obtain  credit,  and 
thereby  defraud  any  person  or  persons  of  money,  goods, 
chattels,  or  any  valuable  thing  not  exceeding  in  value  the 
sum  of  fifty  dollars ;  or  to  cause  or  procure  others  to  report 
falsely  on  his  honesty,  wealth,  assets,  mercantile  character, 
or  financial  standing,  and  by  thus  imposing  on  any  person 
or  persons,  to  obtain  credit,  and  thereby  fraudulently  come 
into  possession  of  goods,  wares,  merchandise,  or  any  valu- 
able thing,  and  any  person  so  doing,  shall,  on  conviction 
thereof,  be  punished  by  a  fine  in  any  sum  less  than  $100.00, 
or  by  imprisonment  in  the  town  jail  not  to  exceed  three 
mpnths. 

Sec.  87.    False  pretenses.  Obtaining  food,  etc.,  by.  Any 

person  who  shall  put  up  at  any  hotel,  inn,  boarding  or  lodg- 
ing house,  and  shall  procure  any  food,  entertainment  or  ac- 
commodation therein  without  paying  therefor  except  where 
credit  is  given  by  express  agreement,  with  intent  to  cheat 
or  defraud  such  owner  or  keeper  thereof  out  of  the  pay  for 
the  same ;  or  who  shall,  with  intent  to  cheat  or  defraud  such 
owner  out  of  the  pay  therefor,  obtain  credit  at  any  hotel, 
inn,  boarding  or  lodging  house,  for  such  food,  entertainment 
or  accommodation,  by  means  of  any  false  show  of  baggage 
or  effects  brought  thereto;  or  who  shall,  with  such  intent, 
rbscond,  surreptitiously  remove,  or  cause  to  be  removed, 
any  baggage  or  effects  from  any  hotel,  inn,  boarding  or  lodg- 
ing house,  while  there  is  a  lien  existing  thereon  for  the  prop- 
er charges  due  from  him  for  fare,  board  or  lodging  fur- 
nished therein  not  exceeding  fifty  dollars,  shall  be  guilty 
cf  a  mir demeanor. 

Sec.  88.  Fraud.  Obtaining  money,  etc.,  by.  Every 
person  who  knowingly  or  designedly,  by  false  and  fraudu- 
lent representations  or  pretenses,  shall  obtain  from  any 
other  person  any  choses  in  action,  money,  goods,  wares, 
chattels,  effects,  or  other  valuable  thing,  with  intent  to 
cheat  or  defraud  any  person  of  the  same,  if  the  property 
so  obtained  does  not  exceed  $50.00  in  value,  is  punishable 


28 

as  in  cases  of  petit  larceny. 

Sec.  89.  Gambling.  All  gambling  and  gaming  of 
every  kind  and  description,  by  playing  at  cards,  dice,  faro, 
roulette,  keno,  poker,  slot  machines,  devices  known  as  trade 
machines,  paddles,  or  any  like  machines  or  devices  by  what- 
ever name  known,  or  any  contrivance  or  device  by  or  with 
which  money,  merchandise  or  any  thing  of  value  may  be 
staked,  bet,  hazarded,  won  or  lost,  upon  chance,  or  at  any 
other  game  or  scheme  of  chance  whatever,  within  the  town 
of  Ophir,  is  hereby  declared  to  be  unlawful. 

Sec.  90.     Unlawful  to  play  at,  keep  or  operate,  etc.     It 

shall  be  unlawful  for  any  person  to  play,  stake,  wager,  or  bet , 
any  money,  property  or  thing  of  value  at  any  game,  scheme 
or  device  by  this  ordinance  prohibited,  or  to  own,  conduct, 
keep  or  carry  on  any  such  game,  scheme  or  device,  either  as 
owner,  dealer,  operator,  agent  or  employee. 

Sec.  91.    Unlawful  to  keep  or  maintain  gambling  house. 

It  shall  be  unlawful  for  any  person  to  knowingly  permit  or 
suffer  any  of  the  games  or  schemes  herein  declared  un- 
lawful to  be  carried  on,  or  kept,  maintained  or  operated  in 
any  house,  building,  room  or  other  place  owned  by  him  in 
whole  or  in  part,  or  by  him  let  or  leased  to  any  other  person. 

Sec.  92.     Unlawful  to  keep,  etc.,  slot  machines,  etc.     It 

shall  be  unlawful  for  any  person  to  keep  or  maintain  any 
slot  machine,  or  trade  machine,  or  any  like  machine  or  de- 
vice, for  the  purpose  of  suffering  or  permitting  other  per- 
sons to  play  at  or  with  same  for  money  or  anything  of  value. 

Sec.  93.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  pertaining  to  gambling  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  in  any  sum 
not  exceeding  one  hundred  dollars,  or  by  imprisonment  in 
the  town  jail  for  a  period  not  longer  than  three  months. 

Sec.  94.  Horses  not  hitched.  Any  person  having 
charge  of  or  being  the  driver  of  a  team,  horse  or  other  ani- 


29 

mal,  shall  while  such  team,  horse  or  other  animal  is  standing 
in  the  street  or  public  place,  of  this  town,  stand  near  the 
head  of  the  same,  or  have  hold  of  the  lines  attached  to  them, 
or  otherwise  secure  them  to  some  post,  or  other  substantial 
place  of  fastening  prepared  for  that  purpose,  or  by  lead 
or  iron  weight,  .weighing  not  less  than  twenty-five  pounds, 
attached  to  them  by  strap,  rope  or  chain.  Any  person  vio- 
lating the  provisions  of  this  section  shall  be  guilty  of  a  mis- 
demeanor. 

Sec.  95.  Interfering  with  officer  in  discharge  of  duty 
prohibited.  It  shall  be  unlawful  for  any  person  in  any  way 
to  interfere  with,  resist,  molest  or  threaten  any  officer  of 
the  town  of  Ophir,  while  in  the  discharge  of  his  official 
duties. 

Sec.  96.  Minors,  sale  of  tobacco  to.  It  shall  be  un- 
lawful for  any  person  to  sell,  give,  or  furnish  any  cigar, 
cigarette  or  tobacco  in  any  form,  to  any  person  under  twen- 
ty-one years  of  age. 

Sec.  97.  Minors.  Id.  Purchase,  accepting  or  having  in 
possession.  It  shall  be  unlawful  for  any  person  under  the 
age  of  twenty-one  years  to  purchase,  accept  of  or  have  in  his 
possession  any  cigar,  cigarette  or  tobacco  in  any  form. 

Sec.  98.  Obscene  literature  or  conduct.  It  shall  be  un- 
lawful for  any  person:— 

1.  To  have  in  his  possession  or  to  offer  for  sale,  sell, 
exhibit,  pass,  give  or  deliver  to  another,  any  obscene,  lewd 
or  indecent  book,    pamphlet,    picture,    card,    print,    paper, 
mould,  cast  or  figure. 

2.  To  circulate  or  distribute  or  cause  to  be  circulated 
or  distributed  any  pamphlets,  books  or  circulars  treating 
of  or  illustrating  any  of  the  diseases  of  the  sexual  organs. 

3.  To  appear  in  a  public  place,  or  in  any  place  open 
to  public  view,  naked  or  in  an  indecent  or  lewd  dress. 

4.  To  make  any  indecent  or  obscene  exposure  of  his 


30 


or  her  person,  or  to  urinate  or  stool  in  any  place  open  to  pub- 
lic view. 

5.  To  be  guilty  of  prostitution  or  any  lewd,  lascivious, 
obscene  or  indecent  conduct. 

6.  To  utter  or  speak  any  obscene  or  lewd  language. 

7.  To  indecently  exhibit  any  horse,  bull  of  other  ani- 
mal. 

8.  To  exhibit  or  perform  any  indecent,  immoral  or 
lewd  play  or  other  representation. 

Sec.  99.  Fast  driving.  It  shall  be  unlawful  for  any 
person  to  drive  or  race  horses  in  a  careless  or  reckless  man- 
ner upon  any  of  the  streets  of  the  town  of  Ophir. 

Sec.  100.  Tearing  down  ordinances.  It  shall  be  un- 
lawful for  any  person  to  tear  down,  or  deface  any  ordinance, 
bill,  notice  or  advertisement,  or  other  proper  paper  of  a  busi- 
ness or  legitimate  character  legally  posted  up  within  the 
town  limits  of  the  town  of  Ophir. 

Sec.  101.  Petit  Larceny.  Any  person  who  shall  steal, 
take  or  carry  away  any  personal  property  of  another,  not 
taken  from  the  person  of  such  other,  and  not  consisting  of  a 
horse,  mare,  colt,  gelding,  cow,  heifer,  steer,  ox,  bull,  calf, 
sheep,  mule  jack,  jenney;  or 

Who  finds  lost  property  under  circumstances  which  give 
him  knowledge  of  a  means  of  inquiry  as  to  the  true  owner, 
and  who  appropriates  such  property  to  his  own  use,  or  to 
the  use  of  another  not  entitled  thereto,  without  first  making 
reasonable  and  just  efforts  to  find  the  owner  and  restore  the 
property  to  him,  is  guilty  of  petit  larceny,  and  upon  convic- 
tion thereof,  shall  be  fined  in  any  sum  less  than  $100.00  or 
imprisoned  for  not  to  exceed  three  months,  or  shall  be  pun- 
ished by  both  such  fine  and  imprisonment. 

Sec.  102.  Prostitutes.  It  shall  be  unlawful  for  any 
woman  to  pursue,  or  advertise  in  any  manner,  her  vocation 
as  a  prostitute,  or  to  be  guilty  of  prostitution. 

Sec.  103.     Riot.     Any  use  of  force  or  violence,  disturb- 


31 

ing  the  public  peace,  or  any  threat  to  use  such  force  or  vio- 
lence by  two  or  more  persons  acting  together  and  without 
authority,  is  a  riot.  It  shall  be  unlawful  for  any  person  to 
participate  in  a  riot. 

Sec.  104.  Vagrancy.  Every  person,  except  an  Indian, 
without  the  visible  means  of  living,  who  has  the  physical 
ability  to  work,  and  who  does  not  for  a  period  of  five  days 
seek  employment,  nor  labor  when  employment  is  oifered  to 
him;  every  healthy  beggar  who  solicits  alms  as  a  business, 
every  person  who  roams  about  from  place  to  place  without 
any  lawful  business;  every  idle  or  dissolute  person  or  asso- 
ciate of  known  thieves  who  wanders  about  the  streets  at 
late  and  unusual  hours  of  the  night,  or  who  lodges  in  any 
barn,  shed,  shop,  outhouse,  or  other  place  other  than  is 
kept  for  lodging  purposes  without  permission  of  the  owner 
or  party  entitled  to^the  possession  thereof;  every  lewd  and 
dissolute  person  who  lives  in  and  about  houses  of  ill-fame 
and  every  common  prostitute  and  common  drunkard  is  a 
vagrant.  It  shall  be  unlawful  for  any  peron  to  be  a  vagrant 
within  the  limits  of  the  town  of  Ophir. 

Sec.  105.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  chapter  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction,  where  no  other  punishment 
is  provided,  shall  be  fined  in  any  sum  not  exceeding  $50.00, 
or  by  imprisonment  not  exceeding  thirty  days,  or  both. 

CHAPTER  TEN. 
Intoxicating  Liquor. 

Sec.  106.  It  shall  be  unlawful  for  any  person,  firm, 
association  or  corporation  to  manufacture,  sell,  keep  or  store 
for  sale,  offer  or  expose  for  sale,  import,  carry,  transport, 
advertise,  distribute,  give  away,  exchange,  barter,  dispose 
of,  serve  or  otherwise  furnish,  or  to  knowingly  have  in  his 
or  its  possession  any  intoxicating  liquor  within  the  town  of 
Ophir. 

Sec.  107.     The  term  "intoxicating  liquor,"  as  used  in 


32 

this  ordinance,  shall  be  construed  to  embrace  all  fermented, 
malt,  vinous  or  spiritous  liquor,  alcohol,  wine,  porter,  ale, 
beer,  absinthe,  or  any  other  intoxicating  drink,  mixture  or 
or  preparation  of  like  nature,  and  all  malt  or  brewed  drinks, 
and  all  liquid  mixtures  or  preparations,  whether  ptented  or 
not,  which  will  produce  intoxication;  fruits  preserved  in  al- 
coholic liquors  of  any  kind;  and  all  beverages  containing  in 
excess  of  one-half  of  one  per  centum  of  alcohol  by  volume ; 
and  all  mixtures,  compounds  or  preparations,  whether  liquid 
or  not,  which  are  intended  when  mixed  with  water  or  other 
liquid,  to  produce  by  fermentation  or  otherwise,  an  intoxi- 
cating liquor 

Sec.  108.  Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  be  punished  by  a  fine  of  not 
less  than  $50.00  and  not  more  than  $299.00  or  by  imprison- 
ment in  the  town  jail  for  not  less  than  thirty  days  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment. 

CHAPTER  ELEVEN. 
BILLIARDS  AND  POOL. 

Sec.  109.  Obtain  license.  No  person  shall  keep  or  use 
in  any  public  place  in  this  town,  any  billiard  or  pool  table  or 
tables,  or  any  pin  or  ball  alley,  or  nine  or  ten  pin  alley  or 
alleys,  or  the  runway  or  runways  thereof,  in  or  on  which 
games  are  played,  without  first  obtaining  a  license  and  pay- 
ing tax  therefor  as  hereinafter  provided. 

Sec.  110.  Application.  All  applications  for  any 
license  herein  contemplated,  shall  be  made  in  writing  to  the 
board  of  trustees,  and  shall  state  the  time  of  commencing, 
the  place  where  to  be  kept,  and  the  number  of  tables  and 
runways  thereof  to  be  licensed.  All  billiard  and  pool  tables 
shall  be  deemed  within  the  .provisions  of  this  ordinance,  ex- 
cept such  as  shall  be  kept  in  dwelling  houses  for  owner's 
recreation,  and  not  for  the  purpose  of  letting  the  same  to 
others  to  play  upon  for  money,  or  for  anything  representing 


33 

or  in  lieu  of  money ;  and  there  shall  be  levied  and  collected  in 
advance  for  every  license  to  keep  billiard  and  pool  tables, 
pin  alley,  or  bowling  alleys,  as  aforesaid: 

For  each  table  for  three  months $10.00 

For  each  additional  table  for  three  months 2.50 

For  bowling  or  pin  alley,  for  three  months,  for 

one  runway  10.00 

For  each  additional  runway  for  three  months    2.50 

Sec.  111.  Minors  prohibited.  No  person  licensed  as 
in  this  chapter  provided,  and  no  one  in  the  employ  or  acting 
in  the  stead  of,  or  in  behalf  of  such  person,  shall  permit  any 
minor,  apprentice  or  employee  under  the  age  of  twenty-one 
years,  or  any  person  under  the  influence  of  intoxicating 
liquor,  to  be  or  remain  in  his  place  of  business  where  any 
such  games  are  played;  and  it  shall  be  unlawful  for  any 
minor,  apprentice  or  employee  under  the  age  of  twenty-one 
years,  to  be  or  remain  in  any  of  said  places  of  business  where 
any  of  the  games  herein  mentioned  are  played. 

Sec.  112.  Disorderly  conduct,  etc.  Every  person 
licensed  as  in  section  111  provided,  and  every  person  em- 
ployed by  him,  or  acting  in  his  stead  or  behalf,  shall  prohibit 
music,  boxing,  dancing  and  all  disorderly  conduct  within  his 
place  of  business. 

Sec.  113.  Soft  drinks  prohibited  in.  It  shall  be  un- 
lawful for  any  person,  either  directly  or  indirectly,  or  by 
any  device  or  subterfuge  whatever,  to  sell,  barter,  give 
away,  or  otherwise  dispose  of  any  liquor,  drink  or  beverage, 
such  as  beerette,  "reformed  beer,"  near-beer,  lemonade,  gin- 
ger ale,  soda  water,  cider,  coca  cola,  root  beer  and  all  other 
similar  drinks  or  beverages  within  any  billiard  or  pool  hall, 
or  any  bowling  alley,  or  to  permit  any  such  liquor  or  bever- 
ages, or  any  intoxicating  liquor,  to  be  drunk  in  any  billiard 
or  pool  room,  or  bowling  alley  within  the  corporate  limits 
of  the  town  of  Ophir. 


34 

Sec.  114.  Hours  to  keep  open.  It  shall  be  unlawful 
for  any  person  licensed  as  in  this  chapter  provided,  to  keep 
such  place  of  business  open  before  the  hour  of  eight  a.  m., 
nor  after  eleven  o'clock  p.  m.,  on  any  day  nor  at  any  time  on 
Sunday. 

CHAPTER  TWELVE. 
NUISANCES. 

Sec.  115.  A  public  nuisance.  A  public  nuisance  con- 
sists in  unlawfully  doing  any  act  or  omitting  to  perform  any 
duty  which  act  or  omision  either  annoys,  injures,  or  endan- 
gers the  comfort,  repose,  health,  or  safety  of  three  or  more 
persons;  or  offends  public  decency,  or  unlawfully  interferes 
with,  obstructs  or  tends  to  obstruct  or  render  dangerous  for 
passage,  any  stream,  canal,  basin  or  public  park,  square, 
street,  or  highway;  or  in  any  way  renders  three  or  more 
persons  insecure  in  life  or  the  uses  of  property.  Any  per- 
son who  shall  be  convicted  of  violating  any  of  the  provisions 
of  this  section  shall  be  deemed  guilty  of  misdemeanor,  and 
be  liable  to  a  fine  not  exceeding  $100.00,  or  by  imprisonment 
in  the  town  jail  not  exceeding  thirty  days  or  by  both. 

Sec.  116.  Garbage,  etc.  No  house  refuse,  offal,  garb- 
age, dead  animals,  decaying  vegetable  matter,  or  organic 
waste  substance  of  any  kind,  shall  be  thrown  or  allowed  to 
remain  upon  or  in  any  street,  road,  ditch,  gutter,  public 
place,  private  premises,  vacant  lot,  water  course,  lake,  pond, 
spring  or  well. 

Sec.  117.  Privy  vaults,  etc.  No  privy  vault,  cesspool, 
or  reservoir  into  which  a  privy,  water  closet,  stable  or  sink 
is  drained,  shall  be  established  or  permitted  within  fifty  feet 
of  any  surface  well,  spring,  or  other  source  of  water  used 
for  drinking  or  culinary  purposes,  without  written  permis- 
sion from  the  board  of  health,  based  upon  the  advice  of  the 
medical  health  officer.  Whenever,  in  the  opinion  of  the 
board  of  health  or  health  officer,  any  privy  vault  or  cesspool 
has  become  the  receptacle  of  infectious  material  from  a  con- 


35 

tagious  or  infectious  disease,  or  has  become  a  menace  to 
health,  they  shall  have  the  power  to  order  such  privy  or 
cesspool  disinfected,  or  filled  in  and  abandoned. 

Sec.  118.  Slaughter  house.  Meat  market.  If  any  ow- 
ner or  occupant  of  any  slaughter  house,  market,  meat  shop, 
or  other  place  wherein  any  swine,  beeves,  sheep,  fowls,  or 
other  animals  are  slaughtered,  kept,  sold,  either  in  said 
slaughter  house  or  on  the  premises  of  said  owner  or  occu- 
pant, shall  permit  the  same  to  remain  unclean,  to  the  un- 
necessary annoyance  of  the  citizens  of  the  town,  or  any  of 
them  or  in  any  state  or  condition  detrimental  to  the  public- 
health,  the  same  shall  be  deemed  a  nuisance. 

Sec.  119.     Unclean    drain    or    garbage    receptacle.     It 

shall  be  unlawful  for  any  person  to  cause  or  permit  any  un- 
clean, stinking,  foul,  defective  or  filthy  drain,  ditch,  tank 
or  gutter,  or  any  leaking  or  broken  slop,  garbage  or  manure 
box,  or  receptacle  of  similar  character  to  remain  on  his 
premises. 

Sec.  120.  Refuse.  Accumulation.  It  shall  be  unlawful 
for  any  person  to  permit  vegetables,  waste,  litter,  garbage, 
filth  or  refuse  of  any  nature,  kind  or  description,  detrimental 
to  health,  to  accumulate  within  or  upon  any  private  alley, 
yard  or  area  except  when  the  same  is  temporarily  deposited 
for  removal. 

Sec.  121.  Accumulation  of  manure  in  stable  prohibited. 

It  shall  be  unlawful  for  any  person  having  charge  of  any 
stable,  stall,  shed,  apartment  or  yard  in  which  any  animal 
shall  be  kept,  or  in  any  place  within  the  limits  of  the  town 
of  Ophir,  in  which  manure  or  liquid  discharges  of  any  ani- 
mal shall  accumulate  or  collect,  to  permit  such  stable,  stall, 
shed,  apartment  or  yard  to  be  kept  in  unclean  or  unsanitary 
condition. 

Sec.  122.  Dead  animals.  No  person  shall  drag,  lay  or 
leave  any  dead  animal,  or  any  part  thereof,  anywhere  within 
the  corporate  limits  of  this  town,  unless  the  same  is  buried 


26 

at  least  four  feet  under  the  surface ;  and  no  such  animal  or 
part  of  .animal  shall  be  buried  within  the  corporate  limits 
of  this  town  without  permission  from  the  board  of  health. 

Sec.123.  Id.  Removal.  It  shall  be  the  duty  of  the  owner 
within  six  hours  after  the  death  of  any  animal,  which  shall 
die  or  be  killed  within  the  town  of  Ophir,  except  animals 
slaughtered  for  food,  to  cause  such  animal  to  be  removed 
beyond,  or  buried  at  such  place  within  the  corporate  limits 
as  the  health  officer  shall  designate. 

Sec.  124.     Acts    and    omissions    deemed    a    nuisance. 

Every  act  or  thing  done  or  made,  permitted,  allowed  or  con- 
tained, in  violation  of  the  preceding  sections  of  this  chapter, 
and  every  other  act  which  renders  soil,  air,  food  or  drink 
impure  or  unwholesome,  shall  be  deemed  a  nuisance;  and 
every  person,  who,  as  owner,  agent  or  occupant,  creates,  or 
assists  in  the  creation,  maintenance  or  continuation  thereof, 
shall  be  equally  guilty  and  equally  liable. 

Sec.  125.  Notice  to  abate  nuisance.  In  order  to  bet- 
ter carry  out  the  provisions  of  this  chapter,  the  health  of- 
ficer may  serve  a  notice  in  writing  upon  the  owner,  occupant 
or  agent  of  any  lot,  building  or  premises  in  or  upon  which 
any  nuisance  may  be  found,  or  upon  him  who  may  be  the 
cause  of  such  nuisance,  requiring  him  to  abate  the  same  in 
such  reasonable  time  to  be  fixed  in  the  notice ;  but  failure  to 
give  notice,  as  provided  herein,  shall  not  relieve  the  author 
of  any  nuisance  from  the  obligation  to  abate  such  nuisance, 
or  from  the  penalty  provided  for  the  maintenance  thereof. 

Sec.  126.     Duty  and  power  of  the  health  officer.     It 

shall  be  the  duty  of  the  health  officer  to  ascertain  and  cause 
all  nuisances  declared  to  be  such  in  this  chapter  to  be  abated, 
and  he  shall  have  authority,  either  by  himself  or  by  his 
agents  or  deputies,  in  the  day  time,  to  enter  any  house, 
stable,  store  or  any  building,  in  order  to  make  a  thorough 
examination  of  cellars,  vaults,  sinks,  or  drains;  to  enter 
upon  all  lots  and  grounds  and  cause  all  stagnant  waters  to  be 
drained  off,  and  pools,  sinks,  vaults,  drains,  holes  or  low 


37 

grounds  to  be  cleaned,  filled  up  or  otherwise  purified,  and  to 
cause  all  noisome  substances  to  be  abated  or  removed. 

Sec.  127.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  chapter  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  in  any  sum  less  than  one  hundred  dollars,  or  by  im- 
prisonment in  the  town  jail  not  more  than  three  months,  or 
by  both  such  fine  and  imprisonment. 


CHAPTER  THIRTEEN. 
Estrays  and  Trespassing  Animals. 

Sec.  128.  Estrays  defined.  All  horses,  asses,  mules, 
and  neat  cattle  found  running  at  large  within  the  corporate 
limits  of  Ophir,  the  owner  of  which  cannot,  with  reasonable 
diligence  be  found,  and  all  hogs  running  at  large  elsewhere 
than  upon  the  premises  of  their  owner,  are  declared  to  be 
estrays  within  the  meaning  of  this  chapter,  and  may  be  im- 
pounded as  such. 

Sec.  129.  Trespassing  animals  defined.  All  animals 
including  domestic  fowls,  mentioned  in  this  chapter,  which 
shall  be  found  trespassing  upon  the  premises  of  others  than 
their  owners,  shall  be  deemed  trespassing  animals,  and  may 
be  impounded  as  such  by  the  poundkeeper,  or  may  be  dis- 
trained and  delivered  to  the  poundkeeper  by  any  person  up- 
on whose  premises  they  trespass  or  do  damage. 

Sec.  130.  Pound  establishment.  A  pound  is  hereby 
established,  and  it  shall  be  the  duty  of  the  board  of  trustees 
to  designate  by  resolution  a  safe  and  secure  place  for  such 
pound  where  all  animals  seized  or  taken  up  in  pursuance  of 
this  chapter  may  be  impounded.  Said  pound  shall  be  under 
the  control  of  the  poundkeeper. 

Sec.  131.  Duty  of  poundkeeper.  It  shall  be  the  duty 
of  the  poundkeeper  to  receive  and  take  care  of  all  animals 


38 

committed  to  his  charge,  and  provide  all  necessary  forage 
therefor,  and  use  due  diligence  to  find  the  owners  of  such 
animals,  by  examining  the  records  of  marks  and  brands,  and 
otherwise,  and  notify  the  owner  if  found.  He  shall  receive 
and  file  all  public  bills  of  damage  duly  presented,  and  enter 
the  amounts  in  the  pound  book,  which  shall  be  open  to  the 
inspection  of  the  public;  he  shall  not  deliver  any  animal  to 
the  owner  until  all  costs  and  damages  are  paid. 

Sec.  132.     Animals   received   to   be   registered.       The 

poundkeeper  shall  register  in  the  pound  book  all  animals  de- 
livered to  him  for  commitment,  which  registration  shall  set 
forth  when  received,  from  whom,  where  found,  amount  of 
damage  done,  kind  of  animal,  approximate  age,  color,  marks, 
brands,  and  other  such  descriptions  as  may  aid  the  owner 
to  identify  his  animal,  a  true  copy  of  which  the  poundkeep- 
er shall  forthwith  post  up  on  the  outside  of  the  entrance  of 
such  pound. 

Sec.  133.  Appraisal  of  damage.  All  damage  done  by 
any  animal  trespassing,  shall,  upon  request  of  the  person 
damaged,  be  forthwith  appraised  by  some  disinterested  per- 
son, over  the  age  of  21  years,  who  may  make  a  reasonable 
charge  for  such  services,  and  shall  set  forth  in  such  apprais- 
al, in  writing,  the  time  and  place  of  damage,  the  amount  of 
damages,  together  with  his  charges,  the  name  of  the  owner 
of  the  animal,  if  known,  the  name  of  the  person  so  damaged ; 
also  the  kind  and  description  of  said  animal ;  which  apprais- 
al, if  not  paid  by  the  owner,  or  if  the  owner  be  not  found, 
shall,  together  with  the  animal,  be  delivered  to  the  pound- 
keeper;  provided,  that  if  the  owner  deem  the  appraisal  too 
high,  said  owner  may  choose  another  appraiser,  who,  with 
the  first,  may  make  a  new  appraisal,  or  when  they  cannot 
agree,  they  two  may  choose  a  third,  and  the  three  may  pro- 
ceed to  make  a  final  appraisal,  and  said  appraisers  shall  be 
paid  20  cents  per  hour  and  10  cents  per  mile  one  way,  by 
owners  of  such  animals  or  if  animal  is  sold,  shall  be  deducted 
from  the  proceeds  thereof. 

Sec.  134.     Cattle  running  at  large.     It  shall  be  unlaw- 


39 

f ul  for  any  owner  of  any  cattle,  horses,  mules,  sheep,  goats 
or  swine  to  allow  the  same  to  run  at  large  upon  the  highways 
or  commons  within  the  limits  of  the  town  of  Ophir;  and 
any  such  animals  so  found  may  be  taken  up  by  any  person 
and  driven  to  the  town  pound. 

Sec.  135.  Rights  of  private  persons.  Any  animal 
found  doing  damage  may  be  taken  up  by  any  person,  and  if 
the  owner  cannot  be  found,  or  if  found,  shall  refuse  to  pay 
all  costs  and  damages  occasioned  by  said  animal,  it  may  be 
taken  within  24  hours  to  the  town  pound  and  delivered  to 
the  keeper  thereof,  and  may  be  held  and  sold  as  provided  in 
this  chapter,  unless  previously  redeemed. 

Sec.  136.  Detention  of  animals.  It  shall  be  unlawful 
for  any  person  other  than  the  poundkeeper  to  take  up  and 
retain  any  animal  for  more  than  twenty-four  hours,  under 
the  provisions  of  this  chapter. 

Sec.  137.  Retaking  animals  unlawfully.  Any  person 
who  shall  take  any  animal  out  of  the  possession  of  any  one 
lawfully  holding  the  same  under  the  provisions  of  this  chap- 
ter, either  by  stealth,  force,  or  fraud,  or  who  shall  intercept 
or  hinder  any  person  lawfully  taking  up  or  attempting  to 
take  up  such  animals,  is  guilty  of  a  misdemeanor. 

Sec.  138.  Sale  of  impounded  animals.  All  animals  re- 
maining unclaimed  three  days  from  the  time  of  commitment 
shall  be  advertised  for  sale  by  the  poundkeeper,  once,  in 
some  newspaper  publised  in  the  county  of  Tooele,  and  having 
general  circulation  in  the  county,  and  by  posting  notices  in 
three  public  and  conspicuous  places  in  the  town  of  Ophir,  one 
of  which  shall  be  at  or  near  the  post  office,  and  shall  deliver 
a  copy  of  the  same  to  the  town  clerk. 

Sec.  139.  Redemption.  The  owner  of  any  animal  sold 
under  the  provisions  of  this  chapter  may  at  any  time  with- 
in ninety  days  from  the  date  of  such  sale  redeem  such  ani- 
mals from  the  purchaser,  or  his  assignee,  having  the  same 
in  possession,  upon  paying  to  said  purchaser  or  assignee,  the 


40 

sum  for  which  such  animal  was  originally  sold,  together 
with  ten  per  cent  additional  and  a  reasonable  compensation 
for  the  care  and  keeping  of  the  same,  and  if  no  redemption 
be  made  within  ninety  days  after  the  date  of  such  sale,  then 
such  sale  shall  be  absolute  and  shall  vest  the  title  of  such 
animals  in  the  purchaser  or  his  assignees. 

Sec.  140.     Disposition  of  proceeds  of  sale.     The    net 

proceeds  of  the  sale  of  all  animals  made  in  pursuance  of  the 
perceding  section  shall  be  paid  into  the  town  treasury,  sub- 
ject to  the  order  of  the  owner  of  the  said  animals,  if  applied 
for  within  six  months  from  the  date  of  the  sale ;  if  not  ap- 
plied for  by  the  owner  within  that  time,  the  treasurer  shall 
place  the  amount  to  the  credit  of  the  general  fund  of  the 
town. 

Sec.  141.  The  poundkeeper  shall  be  authorized  to  col- 
lect, for  his  own  use,  the  following  fees : 

For  impounding  and  registering  any  of  the  following 
animals,  per  head, 

Cattle,  horses  and  mules,  50c. 
Calves,  sheep,  goats  and  swine,  25c. 
For  publishing,  the  actual  cost  thereof. 

For  selling  said  .animals  as  above  provided,  10  per  cent 
of  the  purchase  price. 

For  feeding  and  caring  for  animals,  a  reasonable  com- 
pensation, the  same  to  be  governed  by  the  price  of  forage 
and  pasturing  at  the  time  thereof,  all  of  which  fees  shall  be 
collected  from  the  owners  of  said  animals,  or  in  case  of  sale 
of  said  animals,  said  fees  shall  be  deducted  from  the  pro- 
ceeds of  said  sale. 

Sec.  142.  Records.  Quarterly  reports.  Settlement  with 
town.  It  shall  be  the  duty  of  the  poundkeeper  to  keep  books 
in  which  he  shall  keep  an  accurate  account  of  all  receipts  and 
disbursements  and  shall  make  a  full  and  detailed  report  of 
his  proceedings  to  the  trustees  quarterly,  stating  thereto  the 


41 

number  of  animals  impounded,  the  number  of  animals  sold, 
to  whom  sold,  and  the  amounts  received  therefor,  the 
amounts  received  and  paid  for  forage,  advertising  and  sale, 
and  he  shall  pay  over  to  the  town  treasurer  all  funds  remain- 
ing in  his  hands  belonging  to  the  corporation. 

CHAPTER  FOURTEEN. 

Sec.  143.  When  Ordinance  takes  effect.  That  these 
revised  ordinances,  contained  in  and  comprising  sections 
numbered  one  to  one  hundred  forty  three,  both  inclusive,  be 
published  in  book  form  by  authority  of  the  board  of  trustees 
and  that  the  same  shall  be  in  effect  on  and  after  the  15th 
day  of  November,  A.  D.  1917. 


Passed  by  the  town  board  of  the  town  of  Ophir,  Utah, 
this  first  day  of  October,  1917.  Members  of  town  board  of 
trustees  present  and  voting  in  favor  of  said  Ordinance 
were:  A.  R.  Tilt,  P.  C.  Gillett,  Charles  Bracken,  Geo.  St. 
Clair. 


Members  voting  against  said  Ordinance:   None. 


A.  R.  TILT, 
(Seal)  Town  Clerk. 


GEO.  ST.  CLAIR, 
President  of  Board. 


ICROFT 

IBRARY 


42 

CERTIFICATE. 

STATE  OF  UTAH,        } 

I    ss. 
County  of  Tooele  J 

I,  A.  R.  Tilt,  clerk  of  the  board  of  trustees  of  the  town 
of  Ophir,  Utah,  do  hereby  certify  that  the  above  and  fore- 
going is  a  full,  true  and  correct  copy  of  the  original  ordi- 
nance, entitled:  AN  ORDINANCE  REVISING  AND  COM- 
PILING THE  ORDINANCES  OF  THE  TOWN  OF  OPHIR, 
UTAH,  passed  on  the  1st  day  of  October,  1917,  and  that  the 
same  is  printed  in  book  form  by  authority  of  the  board  of 
trustees  of  the  town  of  Ophir,  Utah,  and  pursuant  to  a 
resolution  passed  by  said  board  on  the  1st  day  of  October, 
1917,  and  that  said  Ordinance  is  to  take  effect  on  and 
after  November  15th,  1917,  at  twelve  o'clock,  noon. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set 
my  hand  and  affixed  the  seal  of  the  town  of 
Ophir,  Utah,  this  1st  day  of  October,  1917. 

A.  R.  TILT, 

(Seal)  .  Clerk. 


43 


Index  to  Ordinances 


Sec. 


Accrued  rights,  not  affected  3 

Abusive  language  65 

Animals 

running  at, large  (see  estrays) 128 

cruelty   to   66 

Assault  and  battery  67 

Billiards  and  pool 

license  for 109 

application  for  110 

minors  prohibited  Ill 

disorderly  conduct  to  be  forbidden  112 

soft  drinks  prohibited  113 

hours  to  keep  open  114 

Bounderies  of  town  9 

Bonded  indebtedness,  limit  32 

Bonds,  of  officers  23 

Cattle,  running  at  large  134 

Cemetery,  destroying  property  in 71 

Clerk,  duties  of  15 

Claims 

must  be  verified  and  itemized  27 

improper,  rejected 28 

officers  prohibited  from  presenting  certain  29 

warrants  must  specify  claim  30 

order  of  payment  of  warrants  30 

clerk  to  certify  warrants  31 

Concealed  weapons  68 

Dances,  certain  unlawful  69-78 

Defacing  or  destroying  property  70 

Destroying  property  in  cemetery  71 

Discharge  of  explosives  72 

Disorderly  house  73 

Disorderly  conduct  in  pool  room  112 

Disorderly   assembly   74 

Disturbing  the  peace ; 75 

Disturbing  public  meeting  76 

Dog  fighting  79 

Drunkenness   ..  ..   77 


44 

Embezzlement 80 

Estrays 

defined  128 

trespassing  animals,  what  are 129 

pound  established  130 

poundkeeper,  duty  of  131 

fees  of  141 

records  of  142 

animals  received  to  be  registered  132 

appraisal  of  damages 133 

cattle  running  at  large  134 

rights  of  private  persons  135 

detention  of  animals  136 

retaking  animals  unlawfully  137 

sale  of 138 

redemption   of   , 139 

disposition  proceeds  sale  of  140 

fees  of  poundkeeper 141 

records  of  poundkeeper  142 

Expectoration  in  public  places  81 

Exhibiting  deadly  weapons  82 

Fast  driving  99 

False  pretenses,  refreshments  by 85 

False   representations   86 

False  pretense,  food  by 87 

Fighting  83 

Fowls  running  at  large  84 

Food 

sale  of  unwholesome,  prohibited  61 

putrid  or  unwholesome  meat  62 

swine  fattened  on  unwholesome  food  63 

befouling  water  : 64 

Fraud  88 

Gambling  (see  offenses) 

Health  and  quarantine 

board  of  health  42 

burial  of  the  dead 43 

contagious  diseases  44 

quarantine    provisions    45 

duty  of  physician  47 

period  of  isolation  and  quarantine  48 

when  quarantine  removed 49 

children  excluded  from  school,  when  50 

exclusion  from  public  meetings,  when  51 

duties  of  parents  52 

disinfection  after  death  or  recovery  ..  ..  53 


45 

sec 

sale  of  milk,  prohibited  when  54 

disinfection  in  cases  of  typhoid  fever  55 

duty  of  physician  56 

jurisdiction  beyond  town  limits  57 

board  may  adopt  regulations  58 

penalty   for  violation   59-60 

Health  officer |  20 

Horses  not  hitched  94 

Intoxicating  liquors  106-108 

Interfering  with  officer  95 

Justice  of  the  peace,  duties,  etc 21 

Liability  of  employers  and  agents  6 

Licenses 

doing  business  without,  unlawful 34 

fee  to  be  paid  first  35 

application  for,  record 36 

what  to  contain  37 

not  assignable  38 

rebate  39 

period  of  40 

amount  to  be  paid  for:  41 

(a)  merchant  41 

(b)  confectionery,  soft  drinks 41 

(c)  soft  drinks  41 

(d)  butchers  41 

(e)  peddlers  41 

(f)  solicitors 41 

(g)  livery  stable  keepers  41 

(h)  moving  picture  shows  41 

(i)   hotels  41 

(j)  rooming  houses  41 

(k)  amusement  halls  41 

(1)  drug  stores  41 

(m)   slot  machines 41 

Marshal,  duties  17 

Minors 

sale  of  tobacco  to  96 

not  to  purchase  tobacco  97 

not  to  enter  pool  room Ill 

Misdemeanors,  (see  offenses) 

Nuisance 

public  115 

garbage  116 

privy  vaults,  etc 117 


46 

SEC 

slaughter  houses,  etc 118 

unclean  drain 119 

refuse  120 

manure  ... 121 

dead  animals 122 

removal 12J> 

what  deemed  ... 124 

notice  to  abate  125 

duty  of  health  officer  126 

penalty 127 

Obscene  literature  and  conduct  98 

Offenses 

abusive  language  65 

animals,  cruelty  to  66 

assault  and  battery  67 

concealed  weapons  68 

dances,  certain  unlawful  69-78 

defacing  or  destroying  property  70 

defacing  property  in  cemetery 71 

discharge  of  explosives  72 

disorderly  house  73 

disorderly  assembly 74 

disturbing  the  peace  75 

disturbing  public  meeting  „ 76 

drunkenness   77 

dog  fighting  79 

embezzlement  80 

expectoration  in  public  places  81 

exhibiting  deadly  weapons  : 82 

fast  driving  99 

fighting  83 

fowls  running  at  large 8* 

false  pretenses,  refreshments  85 

false  representations  86 

false  pretenses,  food  by  87 

fraud  88 

gambling  , 89 

unlawful  to  play  at 90 

unlawful  to  keep  house  for  91 

slot  machines  92 

penalty   93 

horses  not  hitched  94 

interfering  with  officer  95 

tobacco,  sale  to  minors  96 

tobacco,  minors  not  to  purchase  97 

obscene  literature  and  conduct  ..  ..  98 


47 

SEC 

ordinances,  tearing  down _ „ _ 100 

larceny  101 

prostitution   _ 102 

riot  103 

vagrancy  _ 104 

penalty   105 

Officers 

elective  „ 10 

appointive  : 11 

president  of  board  12 

president  pro  tern  of  board  13 

trustees  ,duties  of  14 

clerk,  duties  of  15 

treasurer,  duties  of  16 

marshal,  duties  of _ 17 

policemen,  how  appointed  18 

supervisor  of  streets  19 

health  officer 20 

Justice  of  the  Peace 21 

committees  of  board  of  trustees  22 

oaths  and  bonds  of  23 

bonds  of,  how  approved  24 

salaries  of  25 

salaries,  how  paid  _ 26 

Ordinances 

how  referred  to  1 

repeal  of  existing  2 

effect  of  repeal  3 

rules  of  construction  of  4 

penalty  for  violation  of  _ 5-105 

enacting  clause  7 

how  enacted 7 

when  take  effect  7 

revised,  when  to  take  effect  143 

tearing  down,  prohibited  100 

Penalty  for  violation  of  ordinances  5 

Petit  larceny  101 

Policemen,  how  appointed  18 

Pound,  estray  (see  estrays) 

President  of  board  12 

Prostitution  102 

Riot  , 103 

Salaries,  amount „ 25 

how  paid  ..  26 


48 

SEC 

Seal,  description  of  8 

Slot  machines 41-92 

Soft  drinks,  license  for  sale  of  (see  licenses) 

not  to  be  sold  in  pool  room 113 

Supervisor  of  streets 19 

Tobacco,  sale  to  minors  96 

minors  not  to  purchase 97 

Trespassing  animals  (see  estrays) 

Treasurer,  town  16 

Vagrancy 104 

Warrants,  order  of  payment  30 

must  specify  liability  30 

clerk  certify  within  debt  limit 31 

findings  of  trustees  protect  clerk 33 

Water,  befouling 64 


Press  of  the  Bulletin,  Tooele,  Utah. 


